State Litigation

Anfinson v. FedEx Ground Division | Ground | Class Action | Wage Hour | State Litigation | Washington | |

This case was filed in King County (Washington) Superior Court in 2004. The drivers alleged violations of the Washington Minimum Wage Act and sought class action certification. FedEx Ground had the case moved to the multi-district litigation but the U.S. District Court for Norther Indiana remanded the case back to Washington court in 2006. Superior Court Judge Canova certified the claim as a class action in January 2008. Trial is schedule for late 2008.

Vargas vs FedEx Ground Division | Ground | Class Action | Wage Hour | State Litigation | Illinois | Massachusetts | Michigan | Minnesota | Montana | New Jersey | |

This case was filed in U.S. District Court for Massachusetts but since consolidated into the FedEx Ground multi-district litigation now before the U.S. District Court for Northern Indiana. Since August 2005, drivers of non-commercial vehicles - vehicles of gross vehicle weight less than 10,000 lbs - have been eligible for overtime under the federal Fair Labor Standards Act. Prior to August 2005, drivers of non-commercial vehicles were exempted from the FLSA and state wage laws and not eligible for state overtime wages. The claims allege that drivers are misclassified as ‘contractors’ but controlled like employees and thus are owed overtime wages under the state laws.

FedEx Ground vs California Employment Development Dept. Division | Ground | Contractor Dispute | State Litigation | California | |

This case stems from the California Employment Development Dept. audit of FedEx Ground in 2004 where the EDD determined that FedEx Ground drivers were employees. The EDD assessed FedEx Ground owed more than $7.88 million in back payments to California. As of November 2006, California Unemployment Insurance Appeals Board denied FedEx Ground’s petition for reassessment; the EDD audit determination that single route drivers are employees stands and FedEx Ground has 30 days to appeal.

Estrada vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | State Litigation | California | |

This case was filed in Los Angeles County Superior Court in 1999 under the case name Estrada vs Roadway Package System. This California class action lawsuit is the landmark victory for FedEx Ground and Home Drivers. The judge ordered in 2004 that single vehicle contractors at FedEx Ground/Home were employees and FedEx Ground/Home was liable for many of the drivers expenses. FedEx appealed this decision. In August 2007, the CA Appeals Court affirmed the decision that drivers are employees.

Pennsylvania Unemployment Compensation Board: Washington Appeal Division | Ground | Contractor Dispute | State Litigation | Pennsylvania

This appeal involves a claim for unemployment benefits by Michael Washington, a former FedEx Ground driver. Washington appealed the Pennsylvania Unemployment Compensation Service Center ruling that he was a contractor and not eligible for benefits. The Pennsylvania Unemployment Compensation Review Board reversed the previous ruling and found Washington to be a statutory employee.

Pennsylvania Unemployment Compensation Board: Craig Appeal Division | Ground | Contractor Dispute | State Litigation | Pennsylvania

This appeal involves a claim for unemployment benefits by Annette Craig, a former FedEx Ground driver. Craig appealed the Pennsylvania Unemployment Compensation Service Center ruling that she was a contractor and not eligible for benefits. The Unemployment Compensation Review Board reversed the previous ruling and found Craig to be a statutory employee.

New York Workers' Comp Board July 2006 Panel Decision Division | Ground | Contractor Dispute | State Litigation | New York

The New York Workers’ Compensation Board was asked by FedEx Ground to review an earlier Judge’s decision that a FedEx Home Delivery driver was found to be an employee. The original injury occurred in January 2004. The Workers’ Compensation Law Judge ruled in September 2005 that the claimant was an employee. The Board Panel decision was unanimous and issed in July 2006. FedEx Ground did not appeal the Panel’s decision to the Supreme Court of New York Appellate Division Third Division.

Connecticut Employment Security Division: Ignasiak Case Division | Ground | State Litigation | Connecticut | |

Former Windsor, CT FedEx Home Delivery multiple-vehicle contractor Keith Ignasiak applied for and was awarded state unemployment insurance benefits. The Connecticut Department of Labor Employment Security Division determined that the company failed the state’s ABC Test and ruled Ignasiak was an employee.

Sonic Air vs California Employment Development Dept. Division | Ground | Contractor Dispute | State Litigation | UPS | California

This case of UPS subsidiary Sonic Air vs California EDD is demonstrative of the California legal process for employers found to wrongly classify its employees as “independent contractors.” The Sonic Air tax case is a predecessor to the FedEx Ground vs. California EDD case. The Sonic Air case started earlier than the FedEx Ground case and shows the possible outcome of EDD succeeding in defending its audits that found FedEx Ground single-vehicle drivers to be employees.

FedEx Ground vs Oregon Employment Department Division | Ground | Contractor Dispute | State Litigation | Oregon | |

This case was filed with the Oregon Court of Appeals in May 2006. The Oregon Employment Department determined in 2005 that a multi-vehicle contractor was an employee of FedEx Home Delivery and eligible for unemployment insurance coverage. FedEx lost an administrative appeal before appealing the ruling to the Oregon Court of Appeals. FedEx withdrew its appeal with the Court of Appeals on December 19, 2006. The administrative ruling that multiple-vehicle contractor McHenry (and his drivers) were found to be employees and eligible for Oregon unemployment benefits stands.

Foster vs FedEx Express Division | Express | Class Action | Wage Hour | State Litigation | Off The Clock | California | |

This case was filed in Los Angeles County Superior Court in 2002. The plaintiffs alleged the FedEx Express routinely underpaid its couriers, handlers and service agents in California in violation of the states wage and hour law. The case was certified as a class action in 2004 and the trial date was set for Spring 2006. In February 2006, FedEx settled the lawsuit for $30 million. Settlement notice letters were sent in May 2006.